Smith v. Wofford

Robinson, Justice.

On petition of Earlene Smith Wofford, guardian of the estates of Dorothy Dianne Smith and Alvin Burris Smith, Jr., minors, the probate court ordered the sale of the minors ’ homestead. At the time of his death, the deceased parent whence came the homestead owed debts which were apparently amply secured. The appellant, J. Henley Smith, filed a remonstrance to the petition of the guardian to sell the homestead and has appealed from the order of the court allowing the sale.

We reach only one point, and that is can a minor’s homestead be sold where the parent who owned the…